July 18, 1996
VIA FACSIMILE
Carl Branch, Sr., et al.
July 18, 1996
Page 1
Carl Branch, Sr.
Econolodge
Mt. Laurel, NJ
Fax (609) 722-0116
Gerald A. Pauli, Jr.
Hilton Hotel
Cherry Hill, NJ
Fax (609) 486-7786
Carl Branch, Sr., et al.
July 18, 1996
Page 1
VIA HAND DELIVERY
Carl Branch, Sr., et al.
July 18, 1996
Page 1
William M. Hays
Doubletree Hotel
Philadelphia, PA
Ron Carey, General President
International Brotherhood of Teamsters
Pennsylvania Convention Center
Room 110
Philadelphia, PA
John Sullivan, Associate General Counsel
International Brotherhood of Teamsters
Pennsylvania Convention Center
Room 110
Philadelphia, PA
Carl Branch, Sr., et al.
July 18, 1996
Page 1
Re: Election Office Case Nos. CONV-22-IBT
CONV-25-IBT
CONV-32-IBT
Gentlemen:
Pre-election protests were filed pursuant to Article XIV, Section 2(b) of the Rules for the IBT International Union Delegate and Officer Election (“Rules”) alleging that the IBT and General President Ron Carey have violated the Rules by excluding IBT retirees and guests from the floor of the Teamsters 25th International Convention.
Carl Branch, Sr., et al.
July 18, 1996
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In CONV-22-IBT, Carl W. Branch, Sr., a member of Local Union 745, protests his exclusion as a guest from the Convention floor. In CONV-25-IBT, William M. Hays, a retiree from Local Union 568,[1] protests his exclusion from the Convention’s afternoon session on
July 15, 1996 and from the morning and afternoon sessions on July 16. In CONV-32-IBT, Gerald A. Pauli, Jr., a member of Local Union 710, protests the exclusion of him and all other guests and retirees from the Convention floor. These protests were consolidated, because they raise related issues with respect to the scope of the Rules.
The IBT responds that noise from the visitors’ section of the Convention hall contributed to disorder on the floor and made it difficult at times for the Convention chair to assess voice voting. It states that all guests were removed from the floor after noise in the hall prevented
U.S. Senator Arlen Specter from delivering a speech.
These protests were investigated by Regional Coordinator Judith E. Kuhn.
The Election Officer has exclusive authority over the election and credentialing of elected Convention delegates and alternate delegates. During Convention proceedings, she has exclusive authority over the processes for nominating International officer candidates and for voting on those nominations. The Rules protect the rights of elected delegates to participate in those processes. Halberg, CONV-21-IBT (July 17, 1996).
The Election Officer does not credential guests or retirees at this Convention. Such persons may not participate in the electoral processes protected by the Rules. Thus, the decisions of the IBT or Mr. Carey with respect to admitting or excluding such persons from the Convention floor during non-electoral proceedings generally fall outside the scope of the Election Officer’s jurisdiction and the protection of the Rules.
The Election Officer recognized Bik, CONV-16-IBT (June 28, 1991), that decisions bearing on access to the Convention floor would violate the Rules if the IBT “discriminatorily permitted access to staff and supporters, other than delegates, of one candidate while denying similar access to non-delegate staff and supporters of other International Officer candidates . . .” In these consolidated protests, investigation showed that the IBT excluded guests and retirees from the Convention floor during the times protested regardless of political affiliation.
Accordingly, the protests are DENIED.
Any interested party not satisfied with this determination may request a hearing before the Election Appeals Master within one day of receipt of this letter. The parties are reminded that, absent extraordinary circumstances, no party may rely upon evidence that was not presented to the Office of the Election Officer in any such appeal. Requests for a hearing shall be made in writing and shall be served on:
Carl Branch, Sr., et al.
July 18, 1996
Page 1
Kenneth Conboy, Esq.
Latham & Watkins
885 Third Avenue, Suite 1000
New York, NY 10022
Fax (212) 751-4864
Copies of the request for hearing must be served on the parties listed above as well as upon the Election Officer, Pennsylvania Convention Center, Room 204, Facsimile (202) 418-2426. A copy of the protest must accompany the request for a hearing.
Sincerely,
Barbara Zack Quindel
Election Officer
cc: Kenneth Conboy, Election Appeals Master
Judith E. Kuhn, Regional Coordinator
[1]The Election Officer notes that IBT retirees do not have standing to file protests under the Rules which grant such a right to members, the International union, and its subordinate bodies. Article XIV, Section 1.